Skip to content


Judgment Search Results Home > Cases Phrase: banking regulation act 1949 Page 1 of about 56,448 results (0.280 seconds)

Feb 10 1970 (SC)

Rustom Cavasjee Cooper Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : AIR1970SC564; [1970]40CompCas325(SC); (1970)1SCC248; [1970]3SCR530

..... in many indian statutes: e.g., indian electricity act, 1910, sections 6, 7 & 7a; air corporation act, 1953, sections 16 & 17; imperial bank of india act, 1920, sections 3 & 4; state bank of india act, 1955, section 6(2), (3) & (4); state bank of india (subsidiary banks) act, 1959; banking regulation act, 1949, section 36 ae; and cotton textile companies act, 1967, sections 4(1) & 5(1). ..... the words and expressions used in the ordinance and not defined, but defined in the banking regulation act, 1949, had the meaning respectively assigned to them in that act. thereby the definitions of 'banking' and 'banking company' in section 5(b) and section 5(c) of the banking regulation act were incorporated in the ordinance.8. the principal provisions of the ordinance were:(1) ..... within the expression 'banking'. the acts enacted after the banking regulation act, 1949, also support that inference. under section 33 of the state bank of india act, 1955, the state bank is entitled to carry on diverse business activities beside banking. similarly the banks subsidiary to the state bank were by section 36 of act 38 of 1959 to act as agents of the state bank, and also to ..... and will not vitiate the principle of valuation which has been laid down. reference may be made to schedule vi of the companies act which refers to goodwill under fixed assets but the banking regulation act, 1949 does not contain goodwill under property and assets.226. goodwill in the words of lord elden in cruttwell v. lye 17 ves. .....

Tag this Judgment!

Dec 17 2002 (HC)

Shamrao Vithal Co-operative Bank Ltd. Vs. Star Glass Works

Court : Mumbai

Reported in : 2003(2)ALLMR583; 2003(3)BomCR347; [2003]114CompCas378(Bom); [2003]42SCL769(Bom)

..... clause (c) of section 5 of banking regulation act, 1949' in contra-distinction to the expression, 'as defined in clause (c) of section 5 of the banking regulation act, 1949'. by virtue of section 56(a)(i) of the banking regulation act, 1949 the meaning assigned to the word 'banking company' in clause 5(c) of the banking regulation act, 1949 would include co-operative bank section 56(a)(i) of the banking regulation act, 1949 inserted since march 1, 1966 provides ..... without ambiguity that reference to the word 'banking company' shall be construed as reference to co-operative bank throughout the banking regulation act. in other ..... words the reference to the 'banking company' in clause 5(c) of the banking regulation act, 1949 shall include reference to co-operative .....

Tag this Judgment!

Mar 26 1993 (HC)

State Bank of Hyderabad and Etc. Etc. Vs. Advath Sakru and Another Etc ...

Court : Andhra Pradesh

Reported in : AIR1994AP170; 1993(1)ALT608

..... and whether there is any conflict between section 34 and rule 11 of order 34 or not. the court had to consider also the applicability of section 21-a of banking regulation act, 1949 to the transactions in question. while dealing with the same, the learned judges stated as follows (para 8.7 of air):'therefore, it follows that in the case of ..... enact the said provision could never have been in doubt.'11. no arguments are advanced before us also with regard to the constitutional validity of section 21-a of the banking regulation act, 1949.12. now we proceed to deal with the points referred to us.13. sri v.l.n.g.k. murthy, learned counsel appearing for the appellant in s.a. ..... answering the questions raised by them. that is how these matters came up before us.the questions referred to the full bench are:1. whether section 21-a of the banking regulation act, 1949 applies to transactions which were entered into prior to its commencement, even though suits were instituted subsequent thereto? 2. whether it applies only to transactions entered into after the ..... before the division bench was regarding applicability of section 21-a of the banking regulation act, 1949 to the transactions entered into between a banking company and its debtors.3. on behalf of the banking companies, it was contended that after coming into force of section 21-a of the banking regulation act, 1949 (for short 'regulation act, 19490, courts are prohibited/debarred from reopening the transactions entered into between .....

Tag this Judgment!

Oct 10 2007 (HC)

Reserve Bank of India Vs. Pattem Surya Prakash Rao and ors.

Court : Andhra Pradesh

Reported in : 2007(6)ALT563

..... these acts in order to appreciate respective contentions of the learned counsel.the 1949 act:36. section 5(b) of the 1949 act defines 'banking' as under:'banking' means the ..... the said undertaking.the legal regime:35. as the bank is governed by as many as four enactments, namely, the andhra pradesh mutually aided co-operative societies act, 1995 (the 1995 act), the andhra pradesh co-operative societies act, 1964 (the 1964 act), the banking regulation act, 1949 (the 1949 act), and the deposit insurance and credit guarantee corporation act, 1961 (the 1961 act), it is necessary to notice the relevant provisions of ..... application ' made to the high court of kerala under section 38 of the banking companies act, 1949 (the nomenclature of the act has been changed with effect from 1.3.1966 as the banking regulation act 1949) read with the companies act 1956 for the winding up of palai central bank limited, for appointment of the official liquidator of the high court as the liquidator, and for appointment of official .....

Tag this Judgment!

Nov 29 2002 (HC)

Muhammed Usman Vs. Registrar of Co-operative Societies

Court : Andhra Pradesh

Reported in : II(2003)BC680

..... insurance and credit guarantee corporation act, 1961 (act 47 of 1961) also requires to be examined ..... .3. banking is entry 45 in list i of the ..... under the kerala co-operative societies act, 1969. the scope of the expression 'co-operative society' and various types of such societies and 'banking' as appear in the kerala co-operative societies act, 1969 (act 21 of 1969). banking regulation act, 1949 (act 10 of 1949). reserve bank of india act, 1934 (act 2 of 1934), national bank for agricultural and rural development act, 1981 generally known as nabard act (act 61 of 1989) and the deposit .....

Tag this Judgment!

Nov 29 2002 (HC)

Muhammed Usman Vs. Registrar of Co-operative Societies

Court : Kerala

Reported in : AIR2003Ker299; [2003]116CompCas505(Ker); 2003(1)KLT69

..... insurance and credit guarantee corporation act, 1961 (act 47 of 1961) also requires to be examined. 3 ..... . banking is entry 45 in list i of the seventh ..... registered under the kerala co-operative societies act, 1969. the scope of the expression 'co-operative society' and various types of such societies and 'banking' as appear in the kerala co-operative societies act, 1969 (act 21, 1969), banking regulation act, 1949, (act 10 of 1949), reserve bank of india act, 1934 (act 2 of 1934), national bank for agricultural and rural development act, 1981 generally known as nabard act (act 61 of 1989) and the deposit .....

Tag this Judgment!

Mar 31 1982 (HC)

Indian Bank Vs. V.A. Balasubramania Gurukkal and ors.

Court : Chennai

Reported in : [1984]56CompCas41(Mad)

..... sense that is can stipulate for any particular rate of interest because of the directives or circulars issued periodically from the rbi, which is the controlling bank with reference to the nationalised banking institutions functioning under the banking regulations act, 1949. this, in our opinion, would be a special circumstances, which would justify the charging of the rate of interest, ..... inconsistency between the provisions of the banking regulation act, 1949, and those of the usurious loans act. the avowed object of the banking regulation act, 1949, is to considate and amend the law relating to banking and thereunder provision is made for the regulation and control by the rbi of the carrying on of the business of banking by banking companies including the rates of interest ..... so to afford relief to the debtor concerned. this being the principal object of the usurious loans act, we now proceed to consider the provisions of the banking regulation act, 1949. 13. section 2 of the banking regulation act, 1949, states that the provisions of that act shall be in addition, to and not, save as hereinafter expressly provided, in derogation of the ..... this civil revision petition has come before us on a reference made by sethuraman j. the petitioner is a nationalised bank carrying on the business of banking, subject to the provisions of the banking regulation act, 1949, and the control of the rbi. on october 12, 1971, the petitioner advanced to respondents nos. 1 to 3 herein a sum of rs. .....

Tag this Judgment!

Mar 31 1982 (HC)

Indian Bank, Tiruvannamalai Vs. V.A. Balasubramania Gurukal

Court : Chennai

Reported in : AIR1982Mad296; (1982)2MLJ238

..... , but is compelled or obliged to adopt a particular rate of interest because of the dir6ctives or circulars issued periodically from the reserve bank of india, which is the controlling bank with reference to the nationalised banking institutions under the banking regulations act, 1949. this, in our opinion, would be a special circumstance, which would justify the charging of the rate of interest, as has been done ..... if that is found to be so, to afford relief to the debtor concerned. this being the principal object of the usurious loans act, we now proceed to consider the provisions of the banking regulation act 1949.13. section 2 of the banking regulation act, 1949 states that the provisions of that act shall be in addition to, and not, save, as thereinafter expressly provided, in derogation of the companies ..... . in reply to these contentions, the learned counsel for the petitioner submitted that specific provision has been made in secs. 2 and 21 of the banking regulation act, 1949, to regulate the interest on advances made by the nationalised banks and to the extent to which the provision has been so made, no other provision could either apply or prevail and, therefore, the provisions of s .....

Tag this Judgment!

Feb 01 1991 (HC)

Gulabchand Laxmichand Bhutada Vs. Central Bank of India and Another

Court : Mumbai

Reported in : (1991)93BOMLR996; 1992(1)MhLj68

..... so far as the present controversy is concerned. although at the earlier stage of his argument, shri gilda cited authorities of different high courts prior to the amendment of the banking regulation act, 1949 by act (1 of 1984), after the said amendment whatever has been held in those earlier cases decided before amendment has no relevance in the context of the change in law ..... excessive, both because of high rate and on account of compounding the same by six monthly rests, is prohibited from entertaining this plea by virtue of section 21a of the banking regulation act, 1949, although the suit out of which this plea arises may have been instituted in 1976, when section 21a was not on the statute book. in this view that i am ..... particular transaction in the background of the circumstances and come to the conclusion that the interest charged, even in accordance with the circulars issued by the reserve bank of india under section 21 of the banking regulation act, 1949, was liable to be reduced, if it was found to be in the nature of usury. the second limb of the argument of shri gilda, which ..... the pre-1984 position. having regard to the legal position with respect, i do not agree with the view expressed in muthian v. syndicate bank, : air1987mad248 , wherein a view has been taken that section 21a of the banking regulation act, 1949, applies only in respect of actions, which are brought before the court after february 15, 1984. on the other hand, i hold that section .....

Tag this Judgment!

Dec 05 2002 (HC)

Commissioner of Income-tax Vs. Syndicate Bank

Court : Karnataka

Reported in : (2003)180CTR(Kar)1; [2003]261ITR528(KAR); [2003]261ITR528(Karn)

..... . it will be clearly against the public policy to place such an interpretation either on the provisions of section 37 or on the provisions of section 24 of the banking regulation act, 1949. in any view of the matter we are not in a position to accept the submissions made on behalf of the assessee and for holding that the penalty payable ..... in the instant case, the question that has arisen for consideration is as to the nature of payment under sections 24(4)(a) and 24(4)(b) of the banking regulation act, 1949. this is a question which is required to be answered in the context of the provisions of this enactment and having regard to the importance and objectives of this ..... a) and (b) of the banking regulation act, 1949. the object of the act, as the very name suggests, is to provide for regulation of banking activities, particularly, the object of safeguarding the interest of depositors. it may be noticed that the banking regulation act, 1949, is in fact supplementary to the reserve bank of india act, 1934, which in fact seeks to regulate several aspects of banking. in fact, the statement of objects ..... the revenue and learned counsel for the assessee on this aspect of the matter also. the assessee being a banking company, is required to observe the statutory conditions and requirements to be followed under the banking regulation act, 1949. section 24 of this act compels a banking company to maintain unencumbered approved security of a value of not less than 20 per cent. of the total .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //